ESET UK - Terms and Conditions Welcome to www.eset.co.uk, the

ESET UK - Terms and Conditions
Welcome to www.eset.co.uk, the online anti-malware download and purchase platform operated by ESET UK on the Website www.eset.co.uk (the “Website”).
ESET UK is the trading name of QNH Ltd, registered in England and Wales no.7184889 with its registered office at 242 Charminster Road, Bournemouth, BH8 9RP
(references to “us”, “we” or “our” being construed accordingly).
The following terms and conditions (“Terms”) specifically apply to all purchases by you (references to “you” or “your” being construed accordingly) of ESET products and
services (the “Products”) through the Website. The Terms must be read and accepted as they set out the terms under which you may use our services and purchase the
Products. Using the Website indicates that you accept these Terms regardless of whether or not you choose to register with us. If you do not accept these Terms, please do
not use the Website.
1.
GENERAL
1.1
Some of these Terms apply to consumers only; some apply to business customers only. Those Terms are marked as such. All other Terms apply to all customers,
other than approved Resellers, who have a separate agreement with us.
1.2
You are classified as a business customer if you indicate to us that the Products supplied by us will be used in the course of your business.
1.3
If you are not a business customer, you are a consumer. You have certain statutory rights as a consumer which are not affected by these Terms. Contact your local
trading standards office for more information. Words in italic type are legal words which clarify, rather than alter, the meaning of the relevant clause.
1.4
As a consumer, you will have a legal ‘cooling off period’ during which you may cancel your order for any reason without penalty. This period of 14 working days
begins on the date of delivery of the Products.
1.5
You must be eighteen years old to use this Website. If you are under eighteen, you may only use this Website in conjunction with, and under the supervision of, a
parent or guardian. If you do not qualify, please do not use this Website.
1.6
You agree that e-mail can be used as a long-distance means of communication with you.
2.
OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
2.1
Any prices, quotations and descriptions made or referred to on this Website are subject to availability, do not constitute an offer and may be withdrawn or revised at
any time prior to our express acceptance of your order (as described below).
2.2
While we make every effort to ensure that items appearing on the Website are available, we cannot guarantee that all items will be immediately available when you
submit your order. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your
order at the correct price, or cancelling it. If we are unable to contact you, we will treat your order as cancelled. If you cancel pursuant to this clause, and you have
already paid for the goods, you will receive a full refund. We may reject your order (without liability) if we are unable to process or fulfil it. If this is the case, we will
refund any prior payment that you have made for that item.
2.3
An order submitted by you constitutes an offer by you to us to purchase the Products on these Terms and is subject to our subsequent acceptance.
2.4
By submitting an order, you are confirming that information provided by you when placing your order is up-to-date materially accurate and is sufficient for us to fulfil
your order. You also represent that you have legal capacity to enter into a contract with us.
2.5
Prior to our acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not
constitute a formal acceptance of your order.
2.6
Our acceptance of your order takes effect and the contract is concluded at the point where such offer is expressly accepted by us sending you an e-mail which in the
case of orders made through the Website will contain a username, password and installation instructions and accepting your credit card or other payment, and in the
case of orders placed over the telephone for the boxed version of the Products, an e-mail containing delivery details and accepting your credit card or other payment
(“Acceptance”).
2.7
You undertake that all details you provide to us for the purpose of ordering or purchasing Products are correct, that the credit or debit card is your own and that there
are sufficient funds to cover the cost of the Products ordered.
2.8
We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to
provide you with copies on written request; however it is your obligation to make sure you print a copy of all such documents and these Terms for your own records.
For further information please see our Privacy Policy.
3.
PRICE AND PAYMENT
3.1
Prices payable for Products are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices may be indicated on the Website or an
order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to you on our Acceptance.
3.2
Prices (unless stated otherwise) are in the currency quoted on the Website.
3.3
The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
3.4
Your card will be charged immediately upon our Acceptance of your order. We accept payment by VISA, Mastercard, Delta, Switch, JCB, Solo and Electron. We do
not accept American Express, Diners Club or PayPal. We do not make any surcharges for payment by credit card via the internet. We reserve the right to verify credit
or debit card payments prior to Acceptance.
3.5
We have the right at any time prior to our Acceptance to withdraw any discount or disapply any promotion code and/or to revise prices to take into account increases
in costs including (without limitation) costs of any materials, carriage, labour or the increase or imposition of any tax, duty or other levy and any variation in exchange
rates. We also reserve the right to notify you of any mistakes in Product descriptions or errors in pricing prior to Product dispatch. In such event if you choose to
continue with fulfilment of the order, you acknowledge that the Product will be provided in accordance with such revised description or corrected price.
3.6
Business customers only:
3.6.1.
Where the payment is invoiced and credit facilities are offered, each invoice shall be due and payable in full within thirty (30) days of the date of relevant
invoice. If at any time you fail to pay any amount due on the relevant due date, we may by notice declare all invoiced amounts unpaid at that date to be
immediately due and payable.
3.6.2.
No counterclaim or set-off may be deducted from any payment due without our written consent. We may also take action against you for the price of
Products at any time after payment has become due even though title in those Products may not yet have passed to you.
3.6.3.
Any extension of credit allowed to you may be changed or withdrawn at any time. Interest shall be chargeable on overdue amounts accruing on a daily
basis at the maximum amount permitted under applicable law from the due date for payment until our receipt of the full amount (whether before or after
judgment). You shall indemnify us on demand against any out of pocket expenses incurred in relation to recovery of any overdue amounts.
4.
DELIVERY
4.1
For orders placed on the Website, you will receive an email containing a username, password and download link and installation instructions. If you request a back-up
CD at the time of your order, or if you place your order over the telephone for a boxed version of the Products, this will be dispatched to you at the address recorded in
our Acceptance.
4.2
Delivery timescales/dates specified on the Website, in any order acknowledgement, Acceptance or elsewhere are estimates only. While we endeavour to meet such
timescales or dates, we do not undertake to e-mail the download details or dispatch Products by a particular date or dates and shall not be liable to you in respect of
delays or failure to do so.
4.3
Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not
delivered by us.
4.4
The geographical regions covered for the delivery of back-up CD or boxed version of the Products are listed on the Website (the territory). Unless otherwise specified,
prices quoted are exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory, charges for which are stated on the Website. Please
note that when shipping Products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
4.5
You agree to pay for shipping or carriage of Products as such costs are specified by us at the point of purchase.
4.6
Delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance (the “Delivery Address”). You must check the Delivery Address
on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising
from changes you make to the Delivery Address after you submit an order.
4.7
If you refuse or fail to take delivery of Products provided in accordance with these Terms, then:
4.8
4.9
4.7.1.
Any risk of loss or damage to the Products shall nonetheless pass to you and without prejudice to any other rights or remedies that we may have.
4.7.2.
You shall be liable to pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery
and such Products storage shall be at your risk.
4.7.3.
We shall be entitled 30 days after the agreed date for delivery to dispose of Products in such manner as we determine and may set off any proceeds of
sale against any sums due from you.
Business customers only:
4.8.1.
You shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or nondelivery unless you notify us in writing of any claim within 7 days of the latest of the date of receipt of the relevant invoice or delivery whereupon you shall
pay for the quantity actually delivered.
4.8.2.
If we fail to deliver within a reasonable time after the quoted delivery time, you may (by informing us in writing) cancel the contract, however:
a.
You may not cancel if we receive your notice after the Products have been dispatched; and
b.
If you cancel the contract, you can have no further claim against us under that contract.
If you accept delivery of the Products after the estimated delivery time, it will be on the basis that you have no claim against us for delay.
5.
REJECTION, DAMAGE OR LOSS IN TRANSIT
Consumers Only:
5.1
You are responsible for checking Products upon delivery and verifying that they are in satisfactory condition, in accordance with their description and complete. You
may return purchased Products in accordance with these Terms only.
5.2
Except as set out above and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms we shall not be liable and you
shall not be entitled to reject Products except for:
5.3
5.4
5.2.1.
damage to or loss of Products or any part thereof in transit (where the Products are carried by our own transport or by a carrier on our behalf) where
notified to us within 5 working days of receipt of the Products; or
5.2.2.
defects in Products (not being defects caused by any act, neglect or default on your part) notified in writing to us within 30 days of receipt of the Products.
We shall not be liable for any damage or losses arising from:
5.3.1.
defective installation of the Products;
5.3.2.
the use of the Products in connection with other defective, unsuitable or defectively installed equipment;
5.3.3.
your negligence; or
5.3.4.
improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.
Where there is a shortage or failure to deliver, or any defect in or damage to a Product, we may at our discretion:
5.4.1.
(in the case of Product shortage or non-delivery) make good any such shortage or non-delivery; and/or
5.4.2.
in the case of damage or any defect(s) in the Product:
a.
replace or repair the Product upon you returning the Product; or
b.
refund the price paid in respect of any Products found to be damaged or defective.
5.5
Subject to clause 5.3, your rights of return and/or to a refund under these Terms do not apply in the event that you open the Product shrink-wrap and/or break the
licence seal and/or use the Product.
6.
TITLE
6.1
Consumers only: your statutory rights are unaffected by these Terms.
6.1.1.
The Products are your responsibility from the time of delivery.
6.1.2.
6.2
Ownership of the Products will only pass to you when we receive payment in full of all sums due for the Products, including any associated delivery
charges.
Business customers only: until you pay us all sums owing to us in relation to the Products:
6.2.1.
all Products supplied by us remain our property;
6.2.2.
you must store all Products you receive so that they are clearly identifiable as our property; and
6.2.3.
you must insure all Products (against the risks for which a prudent owner would insure them) and hold the related insurance policy on trust for us;
6.2.4.
you may use the Products, but not if:
a.
we revoke that right (by informing you in writing); or
b.
you become insolvent.
6.2.5.
you must inform us (in writing) immediately if you become insolvent.
6.2.6.
if your right to use the Products ends you must allow Us to access to your place of business in order to remove the Products.
6.2.7.
we have your permission to enter any premises where the Products may be stored:
6.2.8.
a.
at any time, to inspect them; and
b.
after your right to use and sell them has ended, to remove them, using reasonable force if necessary.
Despite our retention of title to the Products, we have the right to take legal proceedings to recover the price of Products supplied should you not pay us
by the due date.
7.
WARRANTIES
7.1
Where any Product supplied is or includes software (”Software”) this Software is licensed by us or by the relevant licensor/owner, subject to the relevant end-user
licence agreement or other licence terms included with the Software (”Licence Agreement”) and/or the Product.
7.2
Software supplied with the Licence Agreement cannot be installed without your consent to the terms of the Licence Agreement.
7.3
Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with
any other software, save to the extent that:
7.4
7.3.1.
this is permitted in the Licence Agreement; or
7.3.2.
applicable law expressly allows such a right which cannot legally be excluded by contract.
Except to the extent expressly provided by us in writing or under the relevant Licence Agreement, the Products are provided 'as is' without any warranties, terms as to
quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to Product installation,
configuration or error/defect correction. You are advised to refer to the Licence Agreement with regards to determining your rights against a manufacturer, licensor or
supplier of the Products.
7.5
We are not liable for any other loss or damage arising from the contract or the supply of Products or their use, even if we are negligent, including but not limited to;
7.5.1.
direct financial loss, loss of profits or loss of use; and
7.5.2.
indirect or consequential loss.
7.6
Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
7.7
Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
8.
FORCE MAJEURE
8.1
If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control (a “Force
Majeure Event”) we may cancel or suspend any of our obligations to you without liability.
8.2
Examples of those circumstances include:
8.2.1.
strikes, lock-outs or other industrial action; or
8.2.2.
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
8.2.3.
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
8.2.4.
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
8.2.5.
impossibility of the use of public or private telecommunications networks.
8.3
Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these
obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations
under these Terms can be performed despite the Force Majeure Event.
9.
ASSIGNMENT
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can
transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
10.
NOTICE
All notices sent by you to us must be sent to ESET at 242 Charminster Road, Bournemouth or emailed to [email protected]. We may give notice to you at either the e-mail or
postal address you provide to us in your order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of
any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in
the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
11.
DISCLAIMER
11.1
While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We
may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of
date, and we make no commitment to update such material.
11.2
The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law,
We provide you with the Website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the
Website.
12.
MISCELLANEOUS
12.1
If any of these Terms are deemed unenforceable:
12.2
12.1.1.
it will not affect the enforceability of any other of these terms; and
12.1.2.
if it would be enforceable if amended, it will be treated as so amended.
We may treat you as insolvent if:
12.2.1.
you are unable to pay your debts as they fall due; or
12.2.2.
you (or any item of your property) becomes the subject of:
a.
any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a
moratorium) or bankruptcy);
b.
any application or proposal for any formal insolvency procedure; or
c.
any application, procedure or proposal overseas with similar effect or purpose.
12.3
No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
12.4
The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our
authorised representative and either:
12.4.1.
contained in any estimate (or any covering letter) and not withdrawn before the contract is made; or
12.4.2.
which expressly state that you may rely on them when entering into the contract.
12.5
Please note that we may transfer personal information about you to those we may appoint to administer your account or recover amounts owing. That may include,
for example, passing information about you to our insurers, debt recovery agents and solicitors, if you fail to pay us.
12.6
Every purchase you make shall be deemed to be performed in England. English law shall govern every aspect of contractual arrangement concerning purchases
made from the Website.